Truth And Objectivity In Law And Morals Ii

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Truth and Objectivity in Law and Morals II

Author : André Ferreira Leite de Paula
Publisher :
ISBN 13 : 9783848736003
Total Pages : 0 pages
Book Rating : 4.7/5 (36 download)

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Book Synopsis Truth and Objectivity in Law and Morals II by : André Ferreira Leite de Paula

Download or read book Truth and Objectivity in Law and Morals II written by André Ferreira Leite de Paula and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Objectivity and truth are highly contested issues in contemporary Legal and Moral Philosophy. There are a full range of approaches, from the very skeptic and pessimistic positions, to the most contemplative and optimistic conceptions, which defend their possibility not only within the theoretical but also within the practical thought. Any possible approach should be diverse enough in order to integrate, among others, the concepts of facts, existence, justifiability, language, emotions, disagreement, and a degree of relatedness between law and morals. This book addresses these topics from various points of view. It is comprised of a selection of the papers presented at the Second Special Workshop "Truth and Objectivity in Law and Morals" held at the 27th World Congress of the IVR in Washington, D.C., USA, 2015. The compilation is divided into four parts that focus on objectivity and truth in law, legal reasoning, and Kelsen's Theory of Law as well as objectivity and truth in morals.

Law and Objectivity

Author : Kent Greenawalt
Publisher : Oxford University Press
ISBN 13 : 0195356926
Total Pages : 301 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Law and Objectivity by : Kent Greenawalt

Download or read book Law and Objectivity written by Kent Greenawalt and published by Oxford University Press. This book was released on 1995-06-29 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern times the idea of the objectivity of law has been undermined by skepticism about legal institutions, disbelief in ideals of unbiased evaluation, and a conviction that language is indeterminate. Greenawalt here considers the validity of such skepticism, examining such questions as: whether the law as it exists provides determinate answers to legal problems; whether the law should treat people in an "objective way," according to abstract rules, general categories, and external consequences; and how far the law is anchored in something external to itself, such as social morality, political justice, or economic efficiency. In the process he illuminates the development of jurisprudence in the English-speaking world over the last fifty years, assessing the contributions of many important movements.

Objectivity in Law and Morals

Author : Brian Leiter
Publisher : Cambridge University Press
ISBN 13 : 0521554306
Total Pages : 368 pages
Book Rating : 4.5/5 (215 download)

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Book Synopsis Objectivity in Law and Morals by : Brian Leiter

Download or read book Objectivity in Law and Morals written by Brian Leiter and published by Cambridge University Press. This book was released on 2001 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The seven original essays included in this volume from 2000, written by some of the world's most distinguished moral and legal philosophers, offer a sophisticated perspective on issues about the objectivity of legal interpretation and judicial decision-making. They examine objectivity from both metaphysical and epistemological perspectives and develop a variety of approaches, constructive and critical, to the fundamental problems of objectivity in morality. One of the key issues explored is that of the alleged 'domain-specificity' of conceptions of objectivity, i.e. whether there is a conception of objectivity appropriate for ethics that is different in kind from the conception of objectivity appropriate for other areas of study. This volume considers the intersection between objectivity in ethics and objectivity in law. It presents a survey of live issues in metaethics, and examines their relevance to theorizing about law and adjudication.

Truth and Objectivity in Law and Morals

Author : Hajime Yoshino
Publisher : Archiv für Rechts- und Sozialphilosophie (ARSP). Beihefte, Neue Folge
ISBN 13 : 9783515112604
Total Pages : 158 pages
Book Rating : 4.1/5 (126 download)

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Book Synopsis Truth and Objectivity in Law and Morals by : Hajime Yoshino

Download or read book Truth and Objectivity in Law and Morals written by Hajime Yoshino and published by Archiv für Rechts- und Sozialphilosophie (ARSP). Beihefte, Neue Folge. This book was released on 2016 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains a selection of papers presented at the special workshop "Truth and Objectivity in Law and Morals," held at the 26th World Congress of the IVR. The papers deal with diverse but correlated issues such as the search for truth in and through legal argumentation; the intelligible character of rules inside theories of interpretation which guarantee the coherence and the integrity of law; the role of hermeneutic analysis in the construction of the objectivity of law; the procedural and contextual aspects of objectivity in legal reasoning; the role of objectivity in the distinction between the context of justification and the context of discovery; the problem about truth of normative propositions and legal statements; the incompatibility of non factualism with the traditional account of validity and legality; as well as the possibility of objectivity in morals.

Objectivity in Ethics and Law

Author : Michael S. Moore
Publisher : Ashgate Publishing
ISBN 13 :
Total Pages : 440 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Objectivity in Ethics and Law by : Michael S. Moore

Download or read book Objectivity in Ethics and Law written by Michael S. Moore and published by Ashgate Publishing. This book was released on 2004 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects six of Michael Moore's influential studies on moral and legal objectivity. Presented in an accessible format, the essays are brought together by a thought-provoking introduction. Contents: Introduction ETHICS Moral reality Moral reality revisited Good without God LAW Law as justice The plain truth about legal truth Legal reality: a naturalist approach to legal ontology NAME INDEX.

Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning

Author : Villa-Rosas, Gonzalo
Publisher : Edward Elgar Publishing
ISBN 13 : 180392263X
Total Pages : 313 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning by : Villa-Rosas, Gonzalo

Download or read book Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning written by Villa-Rosas, Gonzalo and published by Edward Elgar Publishing. This book was released on 2022-10-18 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of jurisprudence, legal interpretation and practical reasoning. Featuring contributions from an international group of researchers from differing legal contexts, it addresses topics relevant not only from a theoretical point of view but also themes directly connected with legal and judicial practice.

Objectivity and the Rule of Law

Author : Matthew Kramer
Publisher : Cambridge University Press
ISBN 13 : 1139463969
Total Pages : 233 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Objectivity and the Rule of Law by : Matthew Kramer

Download or read book Objectivity and the Rule of Law written by Matthew Kramer and published by Cambridge University Press. This book was released on 2007-06-11 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted.

Meta-ethics, Moral Objectivity and Law

Author : Veronica Rodriguez-Blanco
Publisher : Brill Mentis
ISBN 13 :
Total Pages : 212 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Meta-ethics, Moral Objectivity and Law by : Veronica Rodriguez-Blanco

Download or read book Meta-ethics, Moral Objectivity and Law written by Veronica Rodriguez-Blanco and published by Brill Mentis. This book was released on 2004 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book shows the relevance of meta-ethical and metaphysical considerations to determine the nature of law and the connection between objective moral and legal judgements. The investigation analyses the legal theories of Ronald Dworkin, Jürgen Habermas and Michael Moore. The conclusion of the scrutiny is that the discussed views fail to explain the plausible links between objective moral and legal judgements. The lesson to learn from the failure of these philosophical perspectives is that we need to revise fundamental meta-ethical conceptions within law. In addition to the view that meta-ethical and metaphysical considerations play a central role in our understanding of objective moral and legal judgements, we enforce the idea that it is necessary to revise our meta-ethical and metaphysical premises in jurisprudence. Epistemic and meta-ethical abstinence in legal theory, in this way, is challenged by a number of criticisms. The outcome of our reflection is that in legal theory, as in many other disciplines, we need to take truth and objectivity seriously.

Positive Law and Objective Values

Author : Andrei Marmor
Publisher : Oxford University Press
ISBN 13 : 9780198268970
Total Pages : 212 pages
Book Rating : 4.2/5 (689 download)

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Book Synopsis Positive Law and Objective Values by : Andrei Marmor

Download or read book Positive Law and Objective Values written by Andrei Marmor and published by Oxford University Press. This book was released on 2001 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is. On the basis of a theory of socialconventions and an analysis of law's authoritative nature, the book sets out the scope of law in relation to moral and other critical values. The book also maintains, however, that moral values are objective. It comprises a detailed analysis of the concept of objectivity, arguing that many aspectsof the law, and of moral values, are metaphysically objective.

Law and Truth

Author : Dennis Michael Patterson
Publisher : Oxford University Press, USA
ISBN 13 : 0195132475
Total Pages : 202 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis Law and Truth by : Dennis Michael Patterson

Download or read book Law and Truth written by Dennis Michael Patterson and published by Oxford University Press, USA. This book was released on 1996 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking up a single question--"What does it mean to say a proposition of law is true?"--this book advances a major new account of truth in law. Drawing upon the later philosophy of Wittgenstein, as well as more recent postmodern theory of the relationship between language, meaning, and the world, Patterson examines leading contemporary jurisprudential approaches to this question and finds them flawed in similar and previously unnoticed ways. He offers a powerful alternative account of legal justification, one in which linguistic practice--the use of forms of legal argument--holds the key to legal meaning.

Objectivity in Law

Author : Nicos Stavropoulos
Publisher : Oxford University Press
ISBN 13 : 9780198258995
Total Pages : 238 pages
Book Rating : 4.2/5 (589 download)

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Book Synopsis Objectivity in Law by : Nicos Stavropoulos

Download or read book Objectivity in Law written by Nicos Stavropoulos and published by Oxford University Press. This book was released on 1996 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise addresses a central topic in contemporary jurisprudence, namely whether it is possible for legal interpretations to be objective. The author claims that objectivity is possible in law, offering arguments based on metaphysics, philosophy and meta-ethics to reinforce his theory.

Our Knowledge of the Law

Author : George Pavlakos
Publisher :
ISBN 13 : 9781472563996
Total Pages : 267 pages
Book Rating : 4.5/5 (639 download)

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Book Synopsis Our Knowledge of the Law by : George Pavlakos

Download or read book Our Knowledge of the Law written by George Pavlakos and published by . This book was released on 2007 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the long-standing debate between positivism and non-positivism, legal validity has always been a subject of controversy. While positivists deny that moral values play any role in the determination of legal validity, non-positivists affirm the opposite thesis. In departing from this narrow point of view, the book focuses on the notion of legal knowledge. Apart from what one takes to constitute the grounds of legal validity, there is a more fundamental issue about cognitive validity: how do we acquire knowledge of whatever is assumed to constitute the elements of legal validity? When the question is posed in this form a fundamental shift takes place. Given that knowledge is a philosophical concept, for anything to constitute an adequate ground for legal validity it must satisfy the standards set by knowledge. In exploring those standards the author argues that knowledge is the outcome of an activity of judging, which is constrained by reasons (reflexive). While these reasons may vary with the domain of judging, the reflexive structure of the practice of judging imposes certain constraints on what can constitute a reason for judging. Amongst these constraints are found not only general metaphysical limitations but also the fundamental principle that one with the capacity to judge is autonomous or, in other words, capable of determining the reasons that form the basis of action. One sees, as soon as autonomy has been introduced into the parameters of knowledge, that law is necessarily connected with every other practical domain. The author shows, in the end, that the issue of knowledge is orthogonal to questions about the inclusion or exclusion of morality, for what really matters is whether the putative grounds of legal validity are appropriate to the generation of knowledge. The outcome is far more integral than much work in current theory: neither an absolute deference to either universal moral standards or practice-independent values nor a complete adherence to conventionality and institutional arrangements will do. In suggesting that the current positivism versus non-positivism debate, when it comes to determining law's nature, misses the crux of the matter, the book aims to provoke a fertile new debate in legal theory.

Understanding Jurisprudence

Author : Raymond Wacks
Publisher : Oxford University Press, USA
ISBN 13 : 0198723865
Total Pages : 401 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Understanding Jurisprudence by : Raymond Wacks

Download or read book Understanding Jurisprudence written by Raymond Wacks and published by Oxford University Press, USA. This book was released on 2015 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perfect for the student new to jurisprudence, this book provides an illuminating introduction to the central questions of legal theory. An experienced teacher of jurisprudence, Professor Wacks' approach is both accessible and entertaining, providing the ideal base for further study.

Whatever Happened to Good and Evil?

Author : Russ Shafer-Landau
Publisher : Oxford University Press, USA
ISBN 13 : 9780195168730
Total Pages : 150 pages
Book Rating : 4.1/5 (687 download)

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Book Synopsis Whatever Happened to Good and Evil? by : Russ Shafer-Landau

Download or read book Whatever Happened to Good and Evil? written by Russ Shafer-Landau and published by Oxford University Press, USA. This book was released on 2004 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a brief introduction to ethics, with a point of view. The book addresses "meta-ethical" questions that go beyond what most introductory ethics books address, which are "normative" theories (egoism, utilitarianism, etc.) and "applied" ethics (abortion, capital punishment, etc.).

Law and Morals

Author : Roscoe Pound
Publisher : Kessinger Publishing
ISBN 13 : 9781436674621
Total Pages : 176 pages
Book Rating : 4.6/5 (746 download)

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Book Synopsis Law and Morals by : Roscoe Pound

Download or read book Law and Morals written by Roscoe Pound and published by Kessinger Publishing. This book was released on 2008-06 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.

The Handbook of Communication Rights, Law, and Ethics

Author : Loreto Corredoira
Publisher : John Wiley & Sons
ISBN 13 : 1119719518
Total Pages : 336 pages
Book Rating : 4.1/5 (197 download)

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Book Synopsis The Handbook of Communication Rights, Law, and Ethics by : Loreto Corredoira

Download or read book The Handbook of Communication Rights, Law, and Ethics written by Loreto Corredoira and published by John Wiley & Sons. This book was released on 2021-04-08 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discover how modern technological realities shape freedoms of expression and opinion with this comprehensive resource. The Handbook of Communication Rights, Law, and Ethics delivers an extensive review of the challenges facing modern communication rights. It offers readers an examination of the interplay between communication law and ethics and the role played by communication professionals in protecting individuals’ rights to communication. Distinguished authors Loreto Corredoira, Ignacio Bel Mallén and Rodrigo Cetina Presuel walk readers through the fundamental ideas and concepts that represent universal common ground regarding communication rights. They compare communication rights theories developed in Europe, the United States, Latin America, Australia, and East Asia to describe how communication-related freedoms and rights are formulated and applied around the world. Finally, the meaning of the phrases “freedom of expression” and “freedom of the press” are examined in the context of national constitutions and international human rights instruments.The Handbook of Communication Rights, Law, and Ethics provides readers with: A diverse, global perspective on how communication rights are protected and challenged around the world A universal vision of communication rights that encourages dialogue rather than confrontation A comparison of the American First Amendment of the Constitution with European communication rights theories and other legal traditions around the world An exploration of the frontiers of communication rights concepts, terminology, jurisdiction, and territoriality Perfect for professors, graduate students, doctoral students, and postdoctoral researchers studying communication rights and freedom of expression around the world, The Handbook of Communication Rights, Law, and Ethics also belongs on the bookshelves of researchers studying issues surrounding freedom of the press in North America, Europe, and Latin America.

The Problematics of Moral and Legal Theory

Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 9780674042230
Total Pages : 338 pages
Book Rating : 4.0/5 (422 download)

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Book Synopsis The Problematics of Moral and Legal Theory by : Richard A. Posner

Download or read book The Problematics of Moral and Legal Theory written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-06-01 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.